City Room: Cuomo Declares Public Health Emergency Over Flu Outbreak

With the nation in the grip of a severe influenza outbreak that has seen deaths reach epidemic levels, New York State declared a public health emergency on Saturday, making access to vaccines more easily available.

There have been nearly 20,000 cases of flu reported across the state so far this season, officials said. Last season, 4,400 positive laboratory tests were reported.

“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Gov. Andrew M. Cuomo said in a statement.

Under the order, pharmacists will be allowed to administer flu vaccinations to patients between 6 months and 18 years old, temporarily suspending a state law that prohibits pharmacists from administering immunizations to children.

While children and older people tend to be the most likely to become seriously ill from the flu, Mr. Cuomo urged all New Yorkers to get vaccinated.

On Friday, the Centers for Disease Control and Prevention in Atlanta said that deaths from the flu had reached epidemic levels, with at least 20 children having died nationwide. Officials cautioned that deaths from pneumonia and the flu typically reach epidemic levels for a week or two every year. The severity of the outbreak will be determined by how long the death toll remains high or if it climbs higher.

There was some evidence that caseloads may be peaking, federal officials said on Friday.

In New York City, public health officials announced on Thursday that flu-related illnesses had reached epidemic levels, and they joined the chorus of authorities urging people to get vaccinated.

“It’s a bad year,” the city’s health commissioner, Dr. Thomas A. Farley, told reporters on Thursday. “We’ve got lots of flu, it’s mainly type AH3N2, which tends to be a little more severe. So we’re seeing plenty of cases of flu and plenty of people sick with flu. Our message for any people who are listening to this is it’s still not too late to get your flu shot.”

There has been a spike in the number of people going to emergency rooms over the past two weeks with flulike symptoms – including fever, fatigue and coughing – Dr. Farley said.

Mayor Michael R. Bloomberg and Mr. Cuomo made a public display of getting shots this past week.

In a briefing with reporters on Friday, officials from the C.D.C. said that this year’s vaccine was effective in 62 percent of cases.

As officials have stepped up their efforts encouraging vaccinations, there have been scattered reports of shortages. But officials said plenty of the vaccine was available.

According to the C.D.C., makers of the flu vaccine produced about 135 million doses for this year. As of early this month, 128 million doses had been distributed. While that would not be enough for every American, only 37 percent of the population get a flu shot each year.

Federal health officials said they would be happy if that number rose to 50 percent, which would mean that there would be more than enough vaccine for anyone who wanted to be immunized.

Two other diseases – norovirus and whooping cough – are also widespread this winter and are contributing to the number of people getting sick.

The flu can resemble a cold, though the symptoms come on more rapidly and are more severe.

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Aaron Swartz dies at 26; Internet folk hero founded Reddit

Aaron Swartz, who co-founded Reddit and became an Internet folk hero for fighting to make online content free to the public, committed suicide Friday. He was 26.

Swartz hanged himself in his Brooklyn, N.Y., apartment, said a statement released by his family and his girlfriend.

"Aaron's commitment to social justice was profound, and defined his life," the statement said. "He used his prodigious skills as a programmer and technologist not to enrich himself but to make the Internet and the world a fairer, better place."

On his blog, Swartz had written of his history of depression.

He was a Harvard University fellow studying ethics when he was charged in 2011 with stealing nearly 5 million articles from a computer archive at the Massachusetts Institute of Technology.

He faced 13 felony charges, including wire fraud, computer fraud and unlawfully obtaining information from a protected computer. Prosecutors said he intended to distribute the articles on file-sharing websites.

Swartz pleaded not guilty, and his trial in federal court was scheduled to begin next month. If convicted, he could have faced decades in prison and steep fines.

On Saturday, his family and girlfriend called his death "the product of a criminal justice system rife with intimidation and prosecutorial overreach" and blamed decisions by the Massachusetts U.S. attorney's office and MIT for contributing to his death.

Some legal experts believe the charges are unfounded since Swartz had been a university fellow, which gave him the right to access the articles.

In 2011, Carmen M. Ortiz, the U.S. attorney for Massachusetts, defended the charges, telling the New York Times: "Stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or dollars."

The Electronic Frontier Foundation, a San Francisco-based digital rights group, called him "an extraordinary hacker and activist."

"Aaron did more than almost anyone to make the Internet a thriving ecosystem for open knowledge, and to keep it that way," the foundation said in a tribute on its website.

On Saturday, American historian Rick Perlstein, who was a friend, called Swartz a philosopher as well as an activist. Swartz had also co-founded the political action group Demand Progress, which campaigns against Internet censorship.

"He had this feeling for data and what it could do, how to master it instead of letting it master us," Perlstein told The Times. "He just insisted on and struggled to live a life of maximal authenticity and integrity."

Born in 1986 in Chicago, Swartz created his first Web application — an online encyclopedia that operated much like Wikipedia — when he was 13.

High school bored him, he later said. After his freshman year, he studied at home and took community college classes that included logic and number theory.

At 14, he helped develop the software behind RSS feeds, which distribute content over the Internet.

He was soon working on such major projects as creating universal ways to exchange information through a group founded by Tim Berners-Lee, the computer scientist considered the father of the World Wide Web.

As a freshman at Stanford University, he studied sociology but left after a year because "I didn't find it a very intellectual atmosphere," he later said.

Swartz moved to Cambridge, where he began to work on a project that in 2005 turned into the social news website Reddit, which taps "the wisdom of the crowds" by letting users submit and rank news and other online content.

Conde Nast purchased Reddit the next year for a figure insiders put at less than $5 million, Forbes reported in November.

In a 2007 speech called "How to Get a Job Like Mine," given at a computer conference, Swartz gave such advice as "be curious," "say yes to everything" and "assume nobody else has any idea what they're doing either."

Swartz is survived by his parents, Robert and Susan Swartz; his younger brothers, Noah and Ben; and his partner, Taren Stinebrickner-Kauffman.

Times staff writer Jessica Guynn contributed to this report.

valerie.nelson@latimes.com

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S.F. mourns a twin with a passion for fashion

SAN FRANCISCO — They were known simply as the San Francisco Twins.

At 5-foot-1 and about 100 pounds apiece, the fashion enthusiasts were an integral part of the city fabric for four decades. With matching furs, hats and high-end purses, they completed one another's sentences, posed for countless tourist snapshots and modeled for the likes of Reebok, Joe Boxer and IBM.

Now one is gone.

Vivian Brown, 85, who had Alzheimer's, died in her sleep Wednesday, leaving behind Marian, who was eight minutes younger. The illness, and news of the twins' financial distress, brought an outpouring of support from city residents in recent months.

Donations managed by Jewish Family and Children Services helped Vivian move into an elegant assisted living facility in Lower Pacific Heights and provided for a car service so Marian could visit "as much as she wanted to," Development Director Barbara Farber said. "The community really responded.…It's been a beautiful thing."

At a benefit concert for the twins in August, the Go-Go's Jane Wiedlin and other musicians honored Marian. Cash flowed in to cover her meals at Uncle Vito's Pizza on Nob Hill, long one of the ladies' regular haunts.

On Friday, fans offered collective condolences as they swallowed some bitter medicine: The sightings that brought joy to many — of the twins in leopard-print cowboy hats parading up and down Powell Street and window shopping at Union Square — are forever a thing of the past.

In saying goodbye to Vivian, the city has ushered out an era of style.

"All of that has gone, and that's true of all cities," said Ann Moller Caen, the widow of Pulitzer Prize-winning San Francisco columnist Herb Caen, who wrote often about the twins. "They've lost the elegant few."

Mayor Ed Lee echoed residents' grief in online postings throughout the day, saying that "San Francisco is heartbroken" over Vivian's passing and was "fortunate to have called her a true friend."

The twins, who were born in Kalamazoo, Mich., and held degrees in business administration, moved to San Francisco in 1973, lured by Vivian's chronic bronchial condition. Once on the West Coast, Vivian became a legal secretary and Marian worked at a bank.

But fashion was their passion, and they cut a striking double image.

There were the fitted white suit jackets with pleated skirts, veiled hats and white fur coats; the red wool Ellen Tracy suits with black felt hats and black gloves.

"When you first came to the city and saw them, you might think it was a little joke. But it really wasn't," Caen said Friday. "They were very warm and very pleasant to everyone, and they just loved Herb. And he loved them."

Evelyn Adler recalled that her father, who sold shoes at the Emporium on San Francisco's Market Street in the 1970s, had regularly waited on "the girls," as he called them.

"They were always at the very height of sometimes ridiculous fashion," said Adler, 82. Her father, she said, had talked of how years of wearing pointy shoes left the twins with overlapping toes. (They later embraced lower heels that were "much more suited to their feet," Adler said.)

As a volunteer for Jewish Family Services, Adler recently shopped for a new wardrobe for Vivian — and was taken aback by the sight of the twins in separate outfits. About a quarter-century ago, the twins admitted to an interviewer that after a six-month attempt to dress differently in their 20s, they had abandoned the project forever. Even their lingerie matched.

They had their regular haunts, which Marian now frequents solo.

David Dubiner, owner of Uncle Vito's Pizza, said the sisters began coming in nearly two decades ago. They always sat at the table by the window, chatting with tourists for so long that their food had to be reheated.

Vivian often did more talking, Dubiner said, but Marian now holds court for two

On Thursday evening, Marian arrived alone at the Sir Francis Drake Hotel on Union Square to "have a glass of champagne and toast her sister goodbye," said Tom Sweeney, chief doorman at the hotel who for the last 37 years watched the twins descend the four blocks from their Nob Hill apartment.

"They're quite the personalities of San Francisco," Sweeney said. "We'll definitely miss Vivian."

lee.romney@latimes.com

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Why We Hate the Word ‘Phablet’ So Much

It appears we have reached Peak Phablet — and not just because sales are up and the big-screen cellphones were all over the Consumer Electronics Show this week. No, we have also reached Peak “Phablet” — the term for the popular (and quite awkward) devices has also this week been called ”horrible,” “stupid,” and ”worst word of the year” (to which we’re about two weeks in). The name itself has become as popular to loathe as the gadgets have to buy. Even linguists says so:

RELATED: Smackdown: Is There a Right Way to Speak English?

Problem No. 1: A Poor Blend

RELATED: Exploring the Character of a Bad Word

“A satisfying blend is derived from two words that overlap in their sounds, such as motor+hotel = motel, where the ‘o’ is shared,” University of Pennsylvania linguistics professor Gene Buckley wrote to us Friday. “But phone and tablet don’t share any sounds at all, so that might be why it sounds clumsy.”

RELATED: Let’s Fix Allllll Our …. Email Punctuation Problems

Problem No. 2: A Bad “ph” Scale

RELATED: The Evolution of the Emoticon

English words generally use “ph” as eff for words from Greek origin, Ben Zimmer explained today in his Word Routes column. Now “phablet” obviously isn’t Greek, but the Greek words it conjures sound kind of gross, Stanford linguistics PhD candidate Lelia Glass told us; a lot of “ph” words followed by the letter “a” happen to be body parts — ”like ‘phallus’ and ‘phalanges,’ which perhaps grosses people out,” Glass said.

RELATED: Auto-Correct Is Not Ruining Spelling

Zimmer has a different theory. “Phablet” isn’t the first non-Greek word we’ve made up with a “ph” making an eff sound, but unlike other modern word innovations — like “phat” — it doesn’t have a sense of humor, or at least not a very good one. Zimmer wrote to The Atlantic Wire:

Historically, “ph” has represented the /f/ sound only in words of Greek origin, and extensions of that spelling have been made playfully — think of the Phillie Phanatic, or “phat” in hiphop usage. In the tech world, “phreak(ing)” led the way (with the “ph-” from “phone”), and then other playful respellings such as “phishing” followed suit. But in “phablet” the “ph-” on its own isn’t really enough to suggest the “phone” component of the blend, so it ends up looking like a silly version of “fablet” (a fabulous tablet?). Of course, when the word is spoken, the connection to the “ph-” of “phone” is lost entirely.

Yes, those macho tech writers would not find a fab tablet very funny — it makes their manly gadgets sound wussy. Glass notes that the suffix “-et” or “-ette” is often used to signify cute/little things, which give “phablet“ another strike against manliness. 

Problem No. 3: A Bad Subconscious 

Face it, Zimmer adds: “Phablet” sounds too much like “flab” and “phlegm” and other words that remind us of things we don’t like. But, as we’ve noted, phablets look kind of awkward when you hold them up to your ear, despite their many other benefits. An ugly word for an ugly product, no?

Problem No. 4: A Thing Thing

Glass says we might just have “thing discrimination,” with everyone disliking the term because it represents the coming of a gadget of which they don’t approve. The techies seem to have it out for the big phones, even as people are buying them. 

Problem No. 5: A Pure Hatred

“Ultimately, such word aversion is rather arbitrary (look at the hostility against “moist,” for instance),” Zimmer told us. “Some people have a big problem with another techie blend, ‘webinar,’ but that one seems completely innocuous to me.”  

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Britney Spears and fiance end yearlong engagement

LOS ANGELES (AP) — Britney Spears announced Friday that she has ended her yearlong engagement, capping a week of changes that included her leaving "The X Factor" and promising fans she was returning her focus to music.

Within hours of confirming her departure from the Fox reality series, Spears also announced that her relationship with talent agent Jason Trawick had ended.

"Jason and I have decided to call off our engagement," Spears said in the statement. "I'll always adore him and we will remain great friends."

Spears' publicist Jeff Raymond said the breakup was a difficult decision made by "two mature adults."

"I love and cherish her and her boys, and we will be close forever," Trawick said in a joint statement that was first reported by People magazine.

Trawick also resigned his role Friday as a Spears' co-conservator, with Superior Court Judge Reva Goetz approving his departure from the case.

Spears and Trawick got engaged in December 2011 and he was added as her co-conservator in April.

Spears, 31, has been under a court-supervised conservatorship since February 2008, with her father and another co-conservator, Andrew Wallet, having control over numerous aspects of her personal life. The case was opened after several incidents of erratic behavior by the pop singer and a pair of hospitalizations, but Spears has recovered and she appeared weekly on "X Factor."

She said in a statement that judging young talent made her miss performing. "I can't wait to get back out there and do what I love most," she said in a statement.

Her father Jamie Spears met with Goetz for about an hour on Friday but left before a hearing where Trawick's resignation was announced.

Trawick has served as Spears' agent and the pair started dating in 2009.

Trawick did not have authority over Spears' finances, which have rebounded since her public meltdown. Goetz recently reviewed and approved of an accounting that showed Spears ended 2010 with more than $27.5 million in assets, including nearly $15 million in cash.

Attorneys handling the case are expected to file updated financial statements in the coming months.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP .

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Former Lab Technician Denies Faulty DNA Work in Rape Cases

A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.

The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.

“My work?” Ms. Mitchell said. “No, no, no, not my work.”

Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.

So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.

The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.

However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”

She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”

Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.

If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.

Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.

“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.

A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.

Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.

Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.

“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”

The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.

But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”

“Given what’s happened,” he said, “that’s cold comfort.”

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Boeing Dreamliner to undergo federal safety review

Plagued by one mishap after another, Boeing Co.'s much-heralded 787 Dreamliner passenger jet for the 21st century is feeling new heat from federal regulators.

Days after one of the planes caught fire while parked in Boston and another experienced a fuel leak, the Federal Aviation Administration has launched an unusual "comprehensive safety review of Boeing 787 critical systems." This includes a sweeping evaluation of the way Boeing designs, manufactures and assembles the aircraft.

The review — just 17 months after the FAA gave the go-ahead to the new $200-million-plus plane — does not ground the 50 Dreamliners currently being flown by eight airlines around the globe.

Since the inception of its next-generation passenger jet, Boeing has touted the revolutionary way the Dreamliner is made and the way it operates. But those novel technologies will now attract greater scrutiny from U.S. regulators after recent events have raised questions about Dreamliner safety.

New planes, in general, have "teething" issues as they are introduced. But, industry analysts said, the type of review the Dreamliner is undergoing is rare, and passenger jets haven't been subject to this sort of sweeping government review for decades.

Boeing said it will participate in the review with the FAA and believes the process will underscore customers' and the traveling public's confidence in the reliability of the aircraft.

U.S. Transportation Secretary Ray LaHood and FAA chief Michael Huerta launched the effort Friday at a news conference in Washington, revealing plans for a "comprehensive safety review of Boeing 787 critical systems." This includes a complete evaluation of the aircraft, including an assessment of the way Boeing designs, manufactures and assembles the aircraft.

The move comes despite the "unprecedented" certification process in which FAA technical experts logged 200,000 hours of work over nearly two years and flew on numerous test flights, Huerta said. There were more than a dozen new special conditions developed during the certification process because of the Dreamliner's innovative design.

"The purpose of the review is to validate the work that we've done," Huerta said, "and to look at the quality and other processes to ensure that effective oversight is being done."

Certification of the Dreamliner was completed Aug. 25, 2010, and the first plane was delivered to All Nippon Airways a month later. It was more than three years late because of design problems and supplier issues.

The Dreamliner, a twin-aisle aircraft that can seat 210 to 290 passengers, is the first large commercial jet with more than half its structure made of composite materials (carbon fibers meshed together with epoxy) rather than aluminum sheets. Another innovative application is the changeover from hydraulically actuated systems typically found on passenger jets to electrically powered systems involving lithium ion batteries.

For instance, Boeing has said electric brakes "significantly reduce the mechanical complexity of the braking system and eliminate the potential for delays associated with leaking brake hydraulic fluid, leaking valves and other hydraulic failures." Because of these technologies, Boeing says, the new plane burns 20% less fuel than other jetliners of a similar size.

But the use of such extensive electronic systems was called into question when a smoldering fire was discovered Monday on the underbelly of a Dreamliner operated by Japan Airlines Co. after the 173 passengers and 11 crew members had deplaned at the gate.

The incident prompted the FAA and the National Transportation Safety Board to investigate.

"We don't know the cause of the fire, but it's a serious issue," said Scott Hamilton, an aviation industry consultant and managing director of Leeham Co. in Issaquah, Wash. "Did the FAA miss something? Did Boeing have an oversight in the design process? Was there a problem in the supply chain? These are questions we don't have answers to."

In December, the FAA ordered inspections of fuel line connectors because of risks of leaks and fires.

On the same day, a United Airlines Dreamliner flight from Houston to Newark, N.J., was diverted to New Orleans after an electrical problem popped up mid-flight. Qatar Airways, which had accepted delivery of a Dreamliner just a month earlier, grounded the aircraft for the same problem that United experienced.

Still, both LaHood and Huerta insist the Dreamliner is safe. Ray Conner, Boeing's chief executive of commercial aircraft, attended the conference and said the company was "fully committed to resolving any issue related to the safety" of the Dreamliner.

The Chicago company has taken 848 orders for Dreamliners from airlines and aircraft leasing firms around the world. The price ranges from $206.8 million to $243.6 million per jet, depending on the version ordered.

Major parts for the plane are assembled at various locations worldwide — including Southern California, Russia, Japan and Italy — and then shipped to Boeing's facilities in Everett, Wash., where they are "snapped together" in three days once production hits full speed, compared with a month the conventional way.

Boeing currently is making five Dreamliners a month. The company plans to reach 10 a month late this year.

Richard Aboulafia, an aerospace analyst with Teal Group Corp., a Virginia research firm, said the review will be beneficial for the Dreamliner program in the long run.

"There's no showstopper here; it's a short-term embarrassment for the company," he said. "Then again, this program is full of short-term embarrassments."

william.hennigan@latimes.com

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Lawsuit filed on behalf of 4 victims in Jenni Rivera plane crash

A company owned by the late Mexican American singer Jenni Rivera was named in a lawsuit filed Thursday on behalf of the four members of her entourage who were killed along with her in a Dec. 9 plane crash.

The suit, filed in Los Angeles County Superior Court, seeks punitive damages against the current owners of the jet, as well as the previous owner, which sold the plane last year.

The negligence suit names Starwood Management, Rodatz Financial Group Inc., McOco Inc. and Jenni Rivera Enterprises Inc.

Attorneys named Rivera's company because of its role in choosing to use the 43-year-old Learjet 25.

The plane took off from Monterrey, Mexico, and crashed into mountainous terrain after nose-diving 28,000 feet in 30 seconds. Rivera, the four other passengers and the two pilots were killed.

"We cast a wide net to find out exactly who is responsible, and it may be that they're not," attorney Paul Kiesel said. "We have named Rivera Enterprises, who likely arranged the charter of this plane — in hindsight a very bad decision."

The lawsuit seeks punitive damages against current owners Starwood and Rodatz, as well as previous owner McOco, which sold the plane last June. The attorneys said they were not seeking punitive damages against the singer's company.

The suit was filed on behalf of the estates of publicist Arturo Rivera, makeup artist Jacobo Yebale, attorney Mario Macias and hairstylist Jorge "Gigi" Sanchez.

Pedro Rivera Jr., the singer's brother, said he was unaware of the lawsuit and doubted his sister's company would be found at fault.

"That will more likely have to do with the airplane itself," he said in Spanish via telephone. "Everyone has a right to file a lawsuit. They all had families."

Executives with Starwood told The Times shortly after the crash that the jet was perfectly maintained.

According to aviation records, the aircraft suffered "substantial" damage in 2005 when a fuel imbalance caused one wingtip to weigh as much as 300 pounds more than the other. The unnamed pilot lost control and struck a runway distance marker while landing in Amarillo, Texas. Nobody was injured.

The cause of December's fatal crash has not been determined, and it could take more than a year before the National Transportation Safety Board and Mexican authorities wrap up their investigations, Kiesel said, adding that it wasn't necessary to wait for the results before filing the suit.

At a downtown Los Angeles news conference Thursday, attorneys also took issue with the two pilots, 78-year-old Miguel Soto and 20-year-old Alejandro Torres. Although Soto had a lot of flying hours under his belt, he was not licensed to fly at altitudes above 18,000 feet, and Torres was not licensed to fly the jet, the lawsuit alleges.

"Neither pilot was licensed to operate this aircraft at the time and altitude it was flying," Kiesel said. He said the pilots weren't named in the suit because "the company is at fault, not the employees."

Starwood, Rodatz and McOco could not be reached for comment.

adolfo.flores@latimes.com

Times staff writer Scott Gold contributed to this report.

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Three witnesses won’t be charged in Ohio football rape case: documents

(Reuters) – At least three members of a high school football team in Steubenville, Ohio, received word they would not be prosecuted just days before testifying against teammates accused of raping a 16-year-old girl, according to documents obtained by Reuters.

In letters from Ohio Attorney General Mike DeWine’s office addressed to each student’s lawyer, the state committed to not prosecuting Evan Westlake, Anthony Craig and Mark Cole, three witnesses for the prosecution.

But DeWine said on Thursday his office had made no deal with any of the witnesses involved in the case.

“We have offered nothing, made no promises to any witness in this case. … No deals have been cut with anybody,” DeWine told WTOV television in comments confirmed by his spokesman.

The case has unsettled Steubenville, a city of 19,000 near the Pennsylvania border where football has a powerful influence.

Community leaders have criticized authorities, voicing suspicion they have avoided charging more players who could have been involved in order to protect the school’s beloved football program.

Days after the letters were sent, all three players testified at a pre-trial hearing against teammates Ma’lik Richmond and Trenton Mays, both 16, who were charged with raping a classmate at a party attended by many teammates last August. Richmond and Mays were set to be tried as juveniles in February.

Although evidence in the criminal case showed each player “may not have conducted himself in a responsible or appropriate manner, his behavior did not rise to the level of any criminal conduct,” all three letters say. “Therefore, we will not prosecute your client for his actions on August 11-12, 2012.”

Walter Madison, an attorney who represents one of the students charged with rape, verified the letters’ authenticity, but declined to comment further.

The letters can protect the players from criminal charges, said John Burkoff, a criminal law professor at the University of Pittsburgh.

“If the government says that it won’t prosecute you and then changes its mind, you can argue that it can’t go back on that,” he said. “It’s constitutional estoppel (an impediment).”

The letter to Westlake, dated September 28, was signed by Ohio Associate Attorney General Marianne Hemmeter. The other two letters were signed by Ohio Associate Assistant Attorney General Jennifer Brumby and dated October 9, three days before the trio testified against their teammates. Brumby and Hemmeter conducted the questioning at that hearing.

Attorney General spokesman Dan Tierney said the state decided the students would go uncharged only for the crime of illegal use of a minor in nudity-oriented material.

“We would stand by the attorney general’s previous comments,” he told Reuters on Thursday.

The case shot to national prominence last week when the online activist group Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.

(Editing by Daniel Trotta and Peter Cooney)

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Affleck, Argo win big at Critics' Choice Awards

LOS ANGELES (AP) — Hours after a surprise snub in Academy Award nominations, Ben Affleck won best director and his film "Argo" was named best picture at the Critics' Choice Movie Awards.

Affleck, whose film was nominated for seven Oscars including best picture but not best director, accepted the award Thursday night at the Broadcast Film Critics Association's 18th annual awards in Los Angeles, joking as he took the trophy that he'd "like to thank the Academy."

Daniel Day-Lewis from "Lincoln" and Jessica Chastain from "Zero Dark Thirty" both added to earlier Oscar nods with Critics' Choice wins in the top acting categories.

Philip Seymour Hoffman won best supporting actor for his role in "The Master" and Anne Hathaway won best supporting actor for "Les Miserables."

The ceremony was broadcast on the CW network.

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The night's winners:

Best Picture: Argo

Actor: Daniel Day-Lewis

Actress: Jessica Chastain

Supporting Actor: Philip Seymour Hoffman

Supporting Actress: Anne Hathaway

Young Actor/Actress - Quvenzhane Wallis

Acting Ensemble: Silver Linings Playbook

Director: Ben Affleck

Original Screenplay: Quentin Tarantino

Adapted Screenplay: Tony Kushner

Cinematography: Claudio Miranda (Life of Pi)

Art Direction: Sarah Greenwood/Katie Spencer (Anna Karenina)

Editing: William Goldenberg/Dylan Tichenor (Zero Dark Thirty)

Costume Design: Jacqueline Durran (Anna Karenina)

Makeup: Cloud Atlas

Visual Effects: Life of Pi

Animated Feature: Wreck-It Ralph

Action Movie: Skyfall

Actor in an Action Movie - Daniel Craig

Actress in an Action Movie - Jennifer Lawrence

Comedy - Silver Linings Playbook

Actor in a Comedy - Bradley Cooper

Actress in a Comedy - Jennifer Lawrence

Sci-Fi/Horror Movie - Looper

Foreign Language Film - Amour

Documentary Feature - Searching for Sugarman

Song - Skyfall

Score - John Williams

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Online:

www.criticschoice.com

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